Montana’s Republican-controlled House approved a measure on Wednesday that would ban transgender individuals from using bathrooms in public buildings that do not correspond to the sex they were assigned at birth. This decision could complicate the daily lives of two fellow lawmakers. The move follows the rejection of a narrower rule last month, which aimed to prevent transgender Representative Zooey Zephyr from using women’s restrooms in the state Capitol upon her return from legislative exile.
Zephyr, along with nonbinary Representative SJ Howell, implored their GOP colleagues to reject the proposal and cease labeling transgender individuals as threats to women without substantiated evidence. Despite their pleas, the endorsement of the ban was supported by a majority of Republican lawmakers.
The bill, sponsored by Republican Representative Kerri Seekins-Crowe, is framed as a measure to protect safe spaces for women rather than as an exclusionary policy. Seekins-Crowe emphasized the importance of maintaining privacy and safety for women in public facilities amidst shifting cultural norms.
This controversial move has sparked debate within the Montana legislature and drawn attention to similar legislation in other states. Currently, a dozen states have implemented varying bathroom bans, primarily targeting school facilities. Furthermore, several states, including Montana, have enacted laws restricting gender-affirming healthcare for transgender youth and limiting transgender girls’ participation in girls’ sports.
Despite the opposition from Democratic lawmakers, the bill was passed by a party-line vote of 58-42. The measure will now proceed to a final House vote before being considered by the GOP-controlled state Senate.
If enacted, the bill would prevent transgender individuals from using restrooms, changing rooms, and sleeping areas that align with their gender identity in public buildings, schools, prisons, jails, and programs for domestic violence victims. Additionally, the legislation would allow individuals to take legal action against facilities that fail to prevent transgender people from using facilities corresponding to their gender identity. However, any damages awarded would be limited to nominal amounts, typically $1, with the potential for the defendant to cover the plaintiff’s legal fees.
